Expert Insight, Commentary, and Intelligence On...

Latest Updates

Ask the Public Adjustor: Covering Life with Wisdom*

In December 2010, after sharing a few drinks with his classmates, Josh began driving a dump truck that didn’t belong to him. The police of Stow, Ohio, asked Josh to pull over, but he led them on a 50-mile chase at speeds up to 70 mph…more

ESMA Publishes Guidelines on Reporting Obligations Under the AIFMD

On August 8, the European Securities and Markets Authority (ESMA) published official translations of its Guidelines on Reporting Obligations under Articles 3(3)(d) and 24(1), (2) and (4) of the Alternative Investment Fund Managers…more

Agriculture in Crosshairs as White House Targets Methane Emissions

In March 2014, the Obama administration released a 15-page interagency guidance document that laid out preliminary steps for reducing methane emissions. That document asserts that agricultural operations are the top methane emitter in…more

District Court in Fourth Circuit Rejects Extension of Amara-like Remedies to Benefit Cases

The Honorable Martin Reidinger, sitting in the United States District Court for the Western District of North Carolina, declined Plaintiff’s invitation to extend the applicability of Cigna v. Amara, 131 S. Ct. 1866 (2011), to ERISA…more

Court Lacks Jurisdiction To Hear Motion To Vacate Arbitration Decision That Denied Withdrawal Of Arbitrable Claim

A federal district court has dismissed a motion to vacate an arbitration decision denying a party’s request to unilaterally withdraw a claim that was subject to a pending arbitration. Finding the arbitration decision was not final, and…more

IRS Ruling Creates Opportunities for Tax Savings by Companies With Substantial Real Estate Assets

On July 29, Windstream announced that it plans to spin off certain telecommunications network assets into an independent, publicly traded real estate investment trust (REIT). Windstream made the announcement after it obtained a…more

Texas Federal Court Upholds HUD’s Suspension Of Mortgagee

On August 5, the U.S. District Court for the Southern District of Texas held that HUD’s decisions to immediately suspend a HUD mortgagee and its CEO were not “arbitrary and capricious” and did not violate due process. Allied Home…more

Indemnification And The Circle Of Litigation

An employee sues his employer for, among other things, violations of the California Labor Code. The quondam employer responds with a counterclaim against its erstwhile employee claiming that to the extent it is liable, the employee is…more

Ontario Court Of Appeal Upholds Finding of Breach of Fiduciary Duty Respecting Executive Compensation

The Ontario Court of Appeal recently upheld a trial court decision which concluded that the CEO, who was also a director, breached his fiduciary duty to the corporation when the directors of Unique Broadband Systems, Inc. approved…more

Research Doesn’t Pay—At Least Not in Graduate Medical Education

Indirect graduate medical costs, or IGME, are what Medicare allows teaching hospitals in increased Medicare rates. IGME represents the indirect costs to a teaching hospital of hosting residents and interns—costs above and beyond the…more

Alberta Energy Regulator to Take Charge of Environmental Impact Assessments for Energy Resource Activities

On March 29, 2014, the Alberta Energy Regulator (AER) became the entity responsible for issuing approvals pursuant to the Environmental Protection and Enhancement Act (EPEA) for energy projects. However, the authority to direct…more

Florida DFS Unclaimed Property Grab “Clearly Erroneous”

Florida’s First District Court of Appeal filed an opinion yesterday in Thrivent Financial for Lutheran’s appeal from a declaratory statement issued by the Florida Department of Financial Services interpreting Florida’s Unclaimed…more

Reporters on Deadline
Contributor Spotlight

Lane Powell PC offers a comprehensive intellectual property practice across all key areas of patents and copyrights, trademarks, trade secrets and Internet law. The firm offers services in such…

[ About | Legal Updates ]